Scope of these Terms, License Grant, Electronic Signature and Legal Age Requirement
We reserve the right at any time and without notice to deny You access to the Site or to any portion thereof and to terminate Your rights under these Terms, in Our sole and absolute discretion. Your rights under these Terms will terminate automatically if You fail to comply with these Terms, subject to the survival rights of certain provisions identified herein. Termination will be effective without notice. Upon termination, You must promptly destroy all copies of any aspect of the Site in Your possession, custody or control.
These Terms govern: Your use and access of the Content We provide and/or make available; We GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE REVOCABLE AND LIMITED LICENSE FOR INDIVIDUAL, PERSONAL (NOT PROFESSIONAL) USE AND PROVIDE THE USE OF THE SITE, THE RELATED CONTENT TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS CONTAINED HEREIN. You acknowledge and agree, however, that We may terminate this license at any time for any reason. BY USING THE SITE, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY ALL THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH THE ENTIRETY OF THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO AND MAY NOT ACCESS OR USE THIS SITE AND/OR THE CONTENT, AND YOU ARE HEREBY INSTRUCTED TO CEASE USE OF THE SITE IMMEDIATELY.
Class Action Waiver, Mandatory Arbitration, Dispute Resolution and Governing Law
BY USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO Our MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. You acknowledge and agree that all claims, disputes or controversies between You and Us (including against any of Our employees, agents, affiliates, subsidiaries, predecessors, successors or assigns) relating to the Site or related websites, the Content, or related services and materials, any related transaction or relationship and/or Your information, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, the issue of arbitrability, shall be resolved by the final and binding arbitration procedures set below. You further acknowledge and agree that any such claims shall be brought solely in Your individual capacity and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. Similarly, you agree that any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by a court and the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. You voluntarily and knowingly waive any right to a jury trial.
BY AGREEING TO THIS AGREEMENT TO ARBITRATE, YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO A JURY TRIAL. In arbitration, disputes are resolved by neutral arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial, however, an arbitrator can award relief.
Separate and apart from the agreement to arbitrate set forth above, You hereby waive any right to bring or participate in any class action in any way related to, or arising from, these Terms or the matters that they describe. You acknowledge that this class action waiver is material and essential to the arbitration of any dispute(s) You may have and is non-severable from this agreement to arbitrate claims.
YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT TO ARBITRATE, WHICH CONTAINS THIS CLASS ACTION LITIGATION AND CLASS ARBITRATION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US, Our AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US USING THIS FORM AND CEASE USING THE SITE IMMEDIATELY.
These Terms shall be treated as though they were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).
We expect that Our customer service team will be able to resolve most complaints You may have regarding Our provision, or Your use of, Our Site and its services. If You have a complaint, You can contact Our customer service team as described in the "How to Contact Us" section below. In the unlikely event that Your complaint remains unresolved, We prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, You and We agree to the following resolution process for all disputes and claims that You or We may have arising from Our provision, or Your use, of Our Site and its services.
In an attempt to find the quickest and most efficient resolution of any Service Claim, You and We agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution. If You want to raise a Service Claim, You must send the aforementioned description and proposed resolution to us using this form. To subsequently discuss Your Service Claim with You, We will contact You using the email address or mailing address You provide in Your letter to Us. If We want to raise a Service Claim, We will send You the aforementioned description and claim notice to You at the email address that We have on file for You. If We do not have an email address for You on file, We will send Our Service Claim to You through a means that complies with the service of process rules of the State of New York.
IF YOU AND We DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND We AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL (NOT CLASS) ARBITRATION WITH ARBITRATION RESOLUTION SERVICES INC. ("ARS") USING ITS RULES AND REGULATIONS GOVERNING THE SUBMISSION OF DISPUTES INVOLVING BUSINESSES AND INDIVIDUALS, AVAILABLE HERE. If ARS is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, if possible under any rules by such organization applicable to disputes between business and consumers, but neither party shall unreasonably withhold their consent.
EXCEPTIONS TO THIS ARBITRATION REQUIREMENT: EITHER PARTY HAS THE RIGHT TO PURSUE: AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK AND TRADE SECRETS AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY. BOTH We AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND We AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY; OTHERWISE, THE CLAIM IS WAIVED.
Rather than force everyone to visit Us in New York, ARS' arbitration contemplates arbitration without travelling anywhere, but instead via their cloud-based platform. Disagreements regarding the forum for arbitration will be settled by an ARS arbitrator.
When the 30-day period described above has elapsed, You may, as an individual (but not as a class) initiate the arbitration through the process described in ARS’s Business and Individual Rules. If You initiate the arbitration, Your arbitration fees will be limited to the Application filing fee set forth by ARS rules. You and We acknowledge, understand and agree that any decision or award rendered by ARS may be entered in any court of competent jurisdiction. If the arbitrator rules against Us, in addition to accepting whatever responsibility is ordered by the arbitrator, We think it fair that We reimburse Your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. By contrast, if the arbitrator rules in Our favor, We will not seek reimbursement of Our attorneys’ fees and costs, regardless of who initiated the arbitration.
This is a Class Action and Trial Waiver. IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. THE ARBITRATOR'S DECISION OR AWARD WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
ANY CLAIM RELATING TO THIS WEB SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.
The License to use this website described above is subject to the following restrictions:
(a) You must not republish material from this Website (including republication on another Website), or reproduce or store material from this Website in any public or private electronic retrieval system;
(b) You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit Our Website or material on Our Website for a commercial purpose, without Our express written consent;
(c) You must not use Our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.
(d) You must not use Our Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(e) You must not use Our Website to copy, publish or send mass mailings or spam.
(f) You must not use Our Website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under International and other applicable law. All material you copy, publish or send via Our Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
We reserve the right to edit or remove any material posted upon Our Website.
We may take such action as We deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to Our Website, or commencing legal proceedings against you.
In respect of all material that voluntarily submit to, or post on Our Website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free License to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-License such rights.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Intellectual Property Rights
Unless otherwise stated, We or Our licensors own the intellectual property rights in the Website and material on the Website. Subject to the License above, all Our intellectual property rights are reserved.
Removing Your Information
If You wish to remove Your personal information from the Site, please contact us here.
Prohibited Uses Of This Site & The FCRA
We DO NOT PROVIDE PRIVATE INVESTIGATOR SERVICES AND ARE NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE FAIR CREDIT REPORTING ACT 15 U.S.C. § 1681 et seq. ("FCRA") BECAUSE THE INFORMATION We PROVIDE IS NOT COLLECTED OR PROVIDED, IN WHOLE OR IN PART, FOR THE PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING A PERSON’S ELIGIBILITY FOR (a) CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (b) EMPLOYMENT PURPOSES; (c) BENEFITS, TENANCY OR EDUCATIONAL ADMISSION CONSIDERATIONS; OR (d) IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED BY AN INDIVIDUAL CONSUMER FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. We DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES UNDER FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
You agree to defend, indemnify and hold Us, Our parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Search Subject, arising from or related to: (a) Your use of the Site or any Content You obtain through the Site; (b) Your failure to comply with these Terms including, but not limited to, Your violation of any laws or any rights of another individual or entity; or (c) any claim that We are obligated to pay any taxes in connection with Your use of the Site, Our services or otherwise. The provisions of this paragraph are for the benefit of Us, Our parents, subsidiaries, affiliates, joint ventures, and third-party service providers and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on his, her, or its own behalf.
Disclaimer of Warranties
You acknowledge that this Site could include technical or other mistakes, inaccuracies or typographical errors. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, We, Our SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT: (a) WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR (e) WILL BE 100% ACCURATE, COMPLETE AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. We WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ANY OTHER USERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
We reserve the right at any time to make any changes to the Site, and add content, materials and features to, and discontinue content, materials and features from, that which is currently a part of Our Site, or other Content. You assume the sole risk of using and/or relying on the Content available on the Site.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND We DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. The views and opinions expressed in any blogs, posts, articles or other areas of the Site are those of their respective authors and do not necessarily reflect Our policy or position.
YOU ACKNOWLEDGE AND AGREE THAT SO-CALLED "FALSE POSITIVES" (search results obtained from Our Website that indicate a given fact, which is inaccurate and/or does not actually pertain to the subject in question, due to similarly named individuals and other reporting errors) MAY OCCUR AND ANY SEARCH RESULTS AND/OR OTHER INFORMATION PROVIDED VIA THE SITE MAY NOT ACCURATELY, FULLY REFLECT OR PRECISELY MATCH THE PARTICULAR INDIVIDUAL OR SPECIFIC ENTITY YOU MAY BE SEEKING.
We use commercially reasonable efforts to deliver the items You are seeking, but You recognize, acknowledge and agree that We obtain data from third-party sources or other users of the website, which may or may not be completely thorough and accurate, and You should never fully rely on the accuracy or completeness of information obtained herein. We do not and cannot make any representations or warranties with respect to the use or the results of the use of any information, in any format, made available through, or accessible on the Site. We make no representations or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of the Content for any purpose and expressly disclaim all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT We, Our SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS AND OTHER PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (though some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You) INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR INTANGIBLE LOSSES (EVEN IF We HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, OR THE CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR ACCESS OF THE SITE, CONTENT OR OTHER DATA THROUGH THE SITE; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY US; AND (d) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE US AND Our SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, OR THE CONTENT MAY BE BROUGHT BY YOU OR US MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, Our LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Links to other Websites, Advertisers, Third Party Products/Services, all at Your own Risk
For Your convenience in locating or accessing related information, products and services, this Site may link you to other sites on the Internet (which are maintained by third parties over which We exercise no control) or otherwise include references to information, documents, software, materials and/or services provided by other parties and/or made available through such third party websites. These links do not imply Our endorsement of any third party or their products or services and We have not necessarily fully reviewed all such items. These sites may contain information or material that some find inappropriate or offensive. Because such sites and parties are not under Our control, We expressly disclaim, and You acknowledge that We are not responsible for, the accuracy, quality, availability, copyright compliance, legality, decency or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied. These links and advertisements are often to other websites, owned and operated, and feature content, products, services, materials, events and offers provided, by third parties. In some instances, these websites are co-branded and the third parties are entitled to use Our name and logo on their websites. We do not control the information, products or services available on or through these third-party websites. The inclusion on the Site of a third-party link does not imply endorsement by Us of the applicable website or any association with the website’s operators. Because We have no control over such websites, You acknowledge and agree that We are not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which are subject to those websites’ respective policies and terms. If You click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties or representations associated with such dealings or promotions are solely between You and the applicable advertiser or other third party, and You agree that We shall not be responsible or liable, directly or indirectly, for any loss or damage You suffer through Your dealings with or based on Your reliance on any material made available by such advertisers. Accordingly, We make no representations with respect to, nor can We guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third-party offerings. In addition, Your interactions with third parties on the Site are solely between You and such third parties. We expressly disclaim responsibility and liability for all third party provided content, products, services, materials, events and offers contained on or accessed through the Site, and You agree that We are not responsible for any loss or damage of any kind incurred as a result of any such interaction or as the result of the presence of such third parties’ content, products, services, materials, events and offers on the Site.
Neither party will be liable for, or be considered to be in breach of, these Terms on account of either party’s delay or failure to perform as required under these Terms as a result of any causes or conditions that (a) are beyond the party’s reasonable control (including, but not limited to, acts of God, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other comparable labor difficulties; and (b) the party is unable to overcome through the exercise of commercially reasonable diligence ((a) and (b), collectively, a "Force Majeure Event"). If any such Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
If any provision of these Terms is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms shall remain in full force and effect.
Our failure to enforce a specific right or remedy for any breach of, or insist upon strict adherence to, any provision of these Terms shall not operate as or be construed to be a waiver of Our right to enforce its remedies for breaches of, or insist upon strict adherence to, such provision or any other provision of these Terms. Any waiver of a provision of these Terms must be contained in a signed writing by a duly appointed officer of Our company.
We reserve the right to restrict, suspend or terminate Your access to the Site if We determine, in Our sole and absolute discretion, that You have violated these Terms.
These Terms will be binding on, inure to the benefit of and be enforceable by Our successors and assigns. You are not permitted to transfer, assign, novate or delegate any rights or obligations pursuant to these Terms unless contained in a signed writing by a duly appointed officer of Our company, and We reserve the right to immediately terminate Your use of the Site and Our services if You attempt to do so.
Your Relationship with Us
Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between Us and You or any other party. You have no authority to make or accept any offers or representations on behalf of Us.
How to Contact Us
Please contact us using this form.
We may provide legal and other notices to You, at Our sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by email, postal mail, overnight courier or facsimile to any contact address or number that You have provided to Us. If You wish to provide notice to Us, You shall send such notice, via this form. Notices You send to Us will not be deemed to be valid unless actual receipt is confirmed in a signed writing by one of Our duly appointed officers.
If you would like any information removed from this site, please contact us using this form, and we will make every effort to do so in a timely fashion.